Young v Salmon

[2016] QCAT 508

CITATION: Young v Salmon [2016] QCAT 508

PARTIES:	Thomas Richard Young and June Ethel Young (Applicant)
v
Stephanie Salmon (Respondent)

APPLICATION NUMBER: NDR183-15

MATTER TYPE:	Other civil dispute matters
HEARING DATE:	23 September 2016

HEARD AT: Rockhampton

DECISION OF: Member Favell

DELIVERED ON: 22 December 1016

DELIVERED AT: Brisbane

ORDERS MADE:

[1]    The respondent remove the remainder of the 10 mature palms within 1metre of the boundary numbered 1-10 in the report which is exhibit 3 including palms numbered 1, 2 and 5 by 4pm 31 January 2017.

[2]    The respondent carry out cleaning so as to remove all overhanging fronds and fruiting material of any palm within 1metre of both the northern and eastern boundaries every six months at the time the palms begin to fruit.

CATCHWORDS:

TREE DISPUTE – VIEW – whether trees on the tree-keeper’s property obscures a view from the neighbours’ property – whether view existed when the property was purchased by the neighbour – whether severe obstruction of the view – where neighbour wants trees removed – where palm trees overhang neighbours property-where palm trees fruit and attract flying foxes and drop fruit in the neighbours property

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) ss 63, 66, 71, 72, 73, 74, 75

APPEARANCES:

APPLICANT: Thomas Richard Young and June Ethel Young

RESPONDENT: Stephanie Salmon

REASONS FOR DECISION

1. The parties are neighbours. Mrs Salmon has planted many trees on her property. The varieties of trees include cocos palms, alexander palms and umbrella trees. Some are close to the boundary fences and some over hang the fence. 

2. Mr and Mrs Young have made an application for a tree dispute contending for an order that Mrs Salmon carry out work on trees to remove them or orders that the trees be removed at the expense of Mrs Salmon.

3. In their application Mr and Mrs Young say there are 22 trees that overhang the northern boundary and 15 trees that overhang the eastern boundary of their property. They claim the trees are a nuisance to them and some trees on the northern boundary are just 2.7 from their house. They claim some of the trees overhang their property by up to 4.5 metres. They claim there is a lack of sunlight to their house and say they need to use lights in their house during the day.

4. During cyclone Marcia 4 trees fell into the property owned by the applicants and damaged their house. They say that palms fronds and other debris fly onto their patio. The fruit of the palm trees attract fighting and screeching bats at night and seeds fall onto their garden shed with a bang.

5. They claim that In the past, root invasion from umbrella and chinese bell trees have caused interruption to their water supply.

6. Mr and Mrs Young say that they tried to sell their property in 2005 but were unable to sell because prospective buyers, although they liked the house did not like the trees next door.

7. They complain that…